S15. Misbrandings of Kotalko. U. S. v. 59% Dozen Packages of Kotalko. De-
fault decree of condemnation and destruction. (F. D. C. No. 1672. Sample
No. 10461-E.)
This product was contained in a wooden box which occupied only 20.7 percent
or less of the capacity of the cardboard carton in which it was packed. The
wooden boxes also contained less than the weight declared on the label.
On March 21, 1940, the United States attorney for the District of New Jersey
filed a libel against 59? dozen packages of Kotalko at Jersey City, N. J., alleging
that the article had been shipped in interstate commerce on or about February
20, 1940, by the Kotalko Sales Co. from New York, N. Y.; and charging that it
was misbranded.   It was labeled in part: "For the Scalp Kotalko For the Hair."
The article was alleged to be misbranded in that the statements "Net Weight
? Oz." and "Net Weight 25 gm." were not accurate statements of the quantity
of the contents, since the package contained a smaller amount. It was alleged
to be misbranded further in that its container was so made, formed, or filled
as to be misleading.
It was also alleged to be misbranded under the provisions of the law applicable
to cosmetics, as reported in notices of judgment on cosmetics.
On January 31, 1941, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.